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Rohman, Moh Holilur
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection Of Copyright Owners For Error In Persona In Decision No.33/PDT.SUS-Copyright/2018/PN Niaga Jakarta Pusat: Legal Protection Of Copyright Owners For Error In Persona In Decision No.33/PDT.SUS-Copyright/2018/PN Niaga Jakarta Pusat Rohman, Moh Holilur; Abd Rosid, Abd; Alfiyanti, Afifah
Istinbath : Jurnal Hukum Vol 20 No 02 (2023): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v20i02.5680

Abstract

Infringements of so many intellectual property rights, especially copyrights, concern and even harm many creators. Decision No. 33/Pdt.Sus-Copyright/2018/PN Similar to the copyright litigation in Niaga Central Jakarta. Copyright owners sue in court for infringement. However, the lawsuit brought by the first-level copyright owner was duly flawed due to a personal error, namely a mispronunciation of Defendant I's name. This also happened with appeals at the level of renunciation. The petition filed by the petitioner will be dismissed because it merely repeats the matters reviewed by Judex Facti. This paper aims to discuss how legal protection for copyright owners against persona errors exists in legal regulations and Islamic law. This study is classified as a normative study. As a result of the discussion, it was concluded that there are no specific rules that provide for legal protection of copyright holders when persona claims are false, and that there is a problem of norm vacuum and that there are no rules. Fix implying issues. Under Islamic law, copyright owners must obtain legal protection in order to generate profits consistent with the purposes of maqasid as-syari'ah, including: preservation of the soul (Hifz al-nafs), preservation of reason (Hifz al-'aql), preservation of property (Hifz al-mal).
Bahasa English Bahasa English: Bahasa English Rohman, Moh Holilur
Istinbath : Jurnal Hukum Vol 20 No 01 (2023): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v20i01.5688

Abstract

A growing economy creates cryptocurrency virtual money residing in cyberspace. Cryptocurrency Is an online payment tool that uses an open source peer-to-peer payment network. There are many problems faced by users, where Cryptocurrencies are said to include money or a commodity. This phenomenon really makes users feel uncomfortable, feel at a loss, therefore the government must immediately provide an evaluation of the use of Cryptocurrency as a means of obtaining transactions. more attention, especially from the government so that the community gets their rights and obligations in muamalah. This paper aims to discuss how to use Cryptocurrency transactions from the Perspective of the DSN-MUI Fatwa and Law No. 7 of 2011. This research is classified as normative research, using a statutory approach and a conceptual approach. The results of the discussion show that Cryptocurrency is linked in the DSN MUI fatwa No.28/DSN-MUI/III/2002 regarding al-sharf that in the provisions of the fatwa the conditions for exchanging Cryptocurrency digital money are prohibited because of the element of speculation. In Article 2 paragraph (1) of Law Number 7 of 2011 concerning Cryptocurrency, it does not meet the requirements as a type of currency in Indonesia. Judging from the six criteria of money, Cryptocurrency only meets the criteria of portability and visibility.
Co-Authors Abd Rosid, Abd Alfiyanti, Afifah